The combined public/work session meeting of the Planning Board of the Township of Mahwah, held at the Municipal Building, 300B Route 17 S., Mahwah, NJ was called to order at 8:00 P.M. by Dr. Ross, Chairman. The Opening Statement was read according to the Sunshine Law, followed by the flag salute and roll call.

These minutes are a synopsis of the meeting. A verbatim audio tape recording is on file with the Board Secretary at the Planning Board Office, 300B Route 17 S., Mahwah, New Jersey. Copies of the tapes may be purchased for a fee.

A motion to approve the bills was made by Mr. Trent and seconded by Ms. Omsberg. All in favor.

III. APPROVAL OF MINUTES - None

IV. RESOLUTIONS FROM JUNE 24, 2002

A. TA 02-2020, PAPA LEONE’S DELI, 5 MILLER ROADB. E-BD-216-239-334

A motion to approve the resolutions of June 24, 2002 was made by Mr. Brotherton and seconded by Mr. DaPuzzo. A motion to waive the reading of the resolutions was made by Mr. Trent and seconded by Mr. Jandris. A roll call of members present revealed 6 yes votes by Mr. Brotherton, Mr. Muscarelle, Dr. Ross, Mr. Trent, Mr. DeKramer and Mr. Jandris. Mr. DaPuzzo – inel.

VI. WORK SESSION:

A. CONCEPT REQUEST, K. STELLA, 280 RT. 17 S., PARKING

Withdrawn

VII. OPEN TO THE PUBLIC

A motion to open the meeting to the public was made by Mr. Trent and seconded by Mr. DeKramer. all in favor.

Elaine Kownacki appeared on behalf of her mother who lives at Island Road. She appeared in regards to Mountain Avenue. Ms. Kownacki was advised that Mountain Avenue is a public area. She requested verification that the owner of Lot 34.01 has a road easement allowing the use of Mountain Avenue. She was advised that in order to obtain that information she would have to check the deeds in the Tax Assessor’s Office. She was advised that Mountain Avenue was vacated but not abandoned. Ms. Kownacki was informed that there is no authority for the Board to stay its own decision but that she could file suit in the Superior Court seeking an injunction and that she should speak with an attorney.

Ann Ostrowski a neighbor of Ms. Kownacki questioned snow removal and where snow plowing vehicles would turn around. She was advised that garbage and emergency vehicles would continue to back out. Ms. Ostrowski was told to come into the Planning Board Offices for further answers to her questions.

A motion to close the meeting to the public was made by Mr. Trent and seconded by Mr. Jandris. All in favor.

VIII. PUBLIC HEARINGS

A. BD-216-1349, CIPRIANO, 77 VANDERBECK, SOIL.

Bruce Whitaker, Esq. of McDonnell & Whitaker appeared on behalf of Christopher and Melissa Cipriano regarding a soil movement application.

Mr. Ashbakian was sworn in. Mr. Ashbakian stated that the applicant proposes the construction of a new residence on a 1.7 acre lot on the west side of Vanderbeck Lane. The property contains an existing dwelling. They propose the building of a new dwelling in front of the existing dwelling. There will be a soil movement of 3,253 c.y. in cut, 1,565 c.y. of fill 51 c.y. of import and export of 1,688 c.y. The July 25, report of Boswell Engineering will be complied with in regard to all the site plan comments. The application complies with the requirements under the ordinance.

They propose that the current structure be occupied while the new structure is being built. There will be a bond plus a performance guarantee for the demolition of the home.

There is an existing driveway and they are not modifying or enlarging the driveway. Boswell stated that they take no objection to granting a waiver.

The Board would like the demolition of the existing structure within 60 days of issuance of the certificate of occupancy.

There will be a 6 ft. retaining wall in the front area of the house.

A motion to open the meeting to the public was made by Mr. DaPuzzo and seconded by Ms. Omsberg. All in favor.

Bee J. Teschon, 67 Vanderbeck introduced herself and questioned how many trees were going to be taken out. The trees closest to the street are being left. There will be eleven trees removed.

Anthony Graceffo, 100 Vanderbeck introduced himself. His home is diagonally across the street from this applicant’s. Mr. Graceffo questioned whether there is an adequate plan for runoff. He stated that he felt that this application will benefit the neighborhood.

A motion to close the meeting to the public was made by Mr. Trent and seconded by Ms. Omsberg. All in favor.

Bruce Whitaker, attorney for applicant introduced himself. Notice was in order. This applicant proposes a two lot minor subdivision concerning Lots 15 and 16 in Block 31. The applicant is the owner and resident of the property. No new lot is being created (reestablishment of a lot line). The new construction is for a single-family home on the new proposed Lot 16. The applicant is requesting variances and waivers which have to do with prexisting conditions. The conditions set forth in the July 2, 2002 letter of Boswell Engineering will be met.

Mr. Kirch prepared the plans and was sworn in and accepted. The existing lot 15 has a two-story frame dwelling, garage and deck. As part of this application the applicant has agreed to remove the garage. The applicant wants to affirm the existing lot line and create another building lot 16. Lot 16 is totally conforming with the exception of the driveway. There is less than 20 ft. separating the two driveways.

A motion to open the meeting to the public was made by Mr. Trent and seconded by Ms. Omsberg. All in favor.

A motion to close the meeting to the public was made by Mr. Trent and seconded by Ms. Omsberg. All in favor.

Bruce Whitaker, Attorney for applicant introduced himself. Notice was in order. This is an application for a subdivision.

Mr. Whitaker stated that they have received favorable comments from the subboards, Environmental, Board of Health, Construction. Environmental had certain conditions attached to the approval which will be met. One of the issues is the submission of a modified EIS. There has been a land use regulation application filed with the Board. They are requesting that the lot line be modified and have the subdivision approved. They are requesting that an EIS be submitted at the time they have an actual housing plan showing the areas of disturbance. One of the variances being requested is frontage on an approved street. A variance for lot size is also being requested. The owner of Lot 29 will sell a portion of his lot to the applicant. The applicant, by letter dated February 12, requested the purchase of additional property from the owner of Lot 31. This property owner is not interested in purchasing or selling.

Mr. Kirch was introduced. He was previously sworn and qualified. He prepared the plans submitted with this application.

Mr. Krich stated that Mr. Marchesi currently owns all of Lot 30. Mr. Marchesi has discussed obtaining some land to approach a conforming lot in the C-200 zone. with the neighbor to the east. Soil tests were done and this lot can be supported by septic. The Board of Health was present at the time of the tests and the tests were successful. There is no public water so a central well was proposed.

The applicant is requesting variances for lot depth and frontage on an approved street. They feel they can limit disturbance to 20%.

They will require a waiver for lot lines.

Due to the fact that the regular Board attorney was not present it was decided that this matter be carried to the meeting of September 9, 2002.

D. DKT. #443, HAWKS NEST, DEERHAVEN, S/D & SOIL

James Jaworski, Esq. appeared on behalf of the applicant, Hawks Nest.

This matter was carried form the meeting of July 22, 2002. The Board requested the Enviornmental Impact Statement which has now been submitted. Boswell Engineering has reviewed the EIS and concurs. Stream encroachment and GP-1 permits will be required. The applicant stated that they have reviewed the issue of an LOI with the DEP and that the DEP stated that it is not required as long as there is sufficient distance from any wetland areas. Animal waste and compliance with environmental protection regulations was discussed. If the Environmental Commission would like a representative of Hawks Nest to be at the Environmental Commission meeting they will comply.

Retaining walls of 10 ft. rather than 6 ft. were discussed. The 6 ft. retaining wall would require the cutting down of more trees. They are requesting permission to build walls up to 10 ft.

Mr. Ridici, P.E. from River Edge introduced himself and displayed the overall site plan of the main structure. If they decrease walls from 10 ft. to 6 ft. and create 5 ft. distance between them they would further encroach onto the stream encroachment flood plain limit. This alternative is not allowable by DEP. There are two walls proposed. One wall is 10 ft. with approximately 175 ft. to 200 ft. in length and the second wall is 7 ft. in height. Different options were discussed regarding height of retaining walls.

This application is unique. Part of the uniqueness of this application is the distance from other residences.

A motion was made to open the meeting to the public by Mr. DaPuzzo and seconded by Mr. Trent.

A motion was made to close the meeting to the public by Ms. Omsberg and seconded by Mr. DaPuzzo.

A motion was made by Mr. Trent and seconded by Mr. DaPuzzo to grant conditional approval subject to the Environmental Commission’s approval, variances and engineer’s approval, and uniqueness of the property and emergency access to Deerhaven through the property. A roll call of members present revealed 6 yes votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Jandris and Mr. Donigian. Mr. Muscarelle abstained and Ms. Omsberg was inel.

VII. WORK SESSION

A. COMMITTEE REPORTS

1. T/A 02-2022, MY SISTERS COTTAGE, 64 RAMAPO VALLEY ROAD

This is an antique/gift shop. Parking already exists. They are changing the sign.